2. a. In accordance
with the Rules of Court adopted by the Supreme Court of New Jersey, a municipal
prosecutor may recommend to the court to accept a plea to a lesser or other
offense.

b. A municipal
prosecutor shall adopt and implement procedures to facilitate plea bargaining
by mail with defendants in cases involving violation of motor vehicle and
traffic laws. The procedures adopted pursuant to this subsection shall be applicable
when a defendant who is permitted to plead guilty by mail indicates in writing
that he does not intend to plead guilty. Such written indication of the
defendant’s intent shall be received by the municipal prosecutor within a
specified period to be determined in accordance with the Rules of Court adopted
by the Supreme Court of New Jersey.

(cf: P.L.2000, c.75, s.2)

2. This act shall take
effect immediately.

STATEMENT

This bill would require
municipal prosecutors to adopt procedures that would facilitate plea bargaining
by mail in cases involving violations of motor vehicle and traffic laws. The
procedures adopted by the municipal prosecutor would apply in cases where a
defendant who is permitted to plead guilty by mail, indicates within a certain
period that he does not intend to plead guilty. Under current law, the motor
vehicle offenses for which a defendant may plead guilty by mail do not include
offenses involving driving while intoxicated, reckless driving or offenses
which result in personal injury.

The bill would promote
efficiency by allowing prosecutors and defendants to enter into plea agreements
without requiring defendants to appear in person for time consuming
negotiations with prosecutors.